Can Poor Visibility Cause a Wrongful Death?

Fog, Rain, and Negligence on Northwest Houston Highways

Can Poor Visibility Cause a Wrongful Death?

Northwest Houston is no stranger to sudden, blinding weather. Whether it’s dense morning fog along US-290 in Cypress or a torrential downpour on Beltway 8, poor visibility significantly increases the risk of a fatal collision.

When a loved one is killed in an accident during bad weather, insurance companies often point to the elements as an "act of God," claiming the crash was unavoidable. However, under Texas law, weather is rarely a legal excuse for a fatal wreck. If a driver fails to adjust to the conditions, they can—and should—be held accountable for a wrongful death.

Proving Negligence When the Weather Is Bad

In Texas, every motorist has a legal "duty of care" to operate their vehicle safely based on the current environment. This means that even if the speed limit on SH-99 (Grand Parkway) is 70 mph, driving that fast during a heavy fog or a thunderstorm can be considered negligent.

Under Texas Transportation Code § 545.351, a driver:

• Must not drive at a speed greater than is reasonable and prudent under the existing conditions.

• Must control their speed as necessary to avoid a collision.

• Must drive at an appropriately reduced speed when a special hazard exists because of weather or highway conditions.

• 
  

If a driver continues at highway speeds when they can only see twenty feet in front of them, they have breached their duty of care. If that breach leads to a fatal accident, the weather wasn't the "cause"—the driver’s failure to adapt was.

Proving "Causation" in Wrongful Death Claims

To succeed in a wrongful death claim after a weather-related crash in Northwest Harris County, your attorney must prove causation. This means showing that the death wouldn't have happened but for the other driver’s specific negligent actions.

We look for evidence that the driver failed to take standard safety precautions, such as:

• Failing to use low-beam headlights in fog (which makes the vehicle invisible to others).

• Tailgating on slick roads (ignoring the increased stopping distance required on wet pavement).

• Distracted driving, which is even more deadly when visibility is low.

• Commercial Truck Violations: Federal law requires 18-wheeler drivers to exercise "extreme caution" in hazardous conditions and even pull over if the weather becomes too dangerous to continue.

• 
  

Why Experts Are Essential for These Claims

Because the "weather excuse" is so common, these cases often require accident reconstruction experts. These specialists can analyze skid marks, vehicle data recorders (the "black box"), and weather station data to prove exactly how fast a driver was going and how they reacted. They can demonstrate that if the driver had slowed down by just 10 mph or maintained a proper following distance, the fatal impact could have been avoided.

Seeking Justice for Your Family

A wrongful death claim in Texas allows surviving spouses, children, and parents to seek compensation for:

• Funeral and burial expenses.

• Loss of future financial support and inheritance.

• Mental anguish and loss of companionship.

• Punitive damages, if the driver’s conduct was "grossly negligent" (meaning they showed a conscious indifference to the extreme risk they were creating).

In Texas, you generally have two years from the date of the death to file a wrongful death lawsuit. However, in weather-related crashes, evidence like road conditions and visibility data must be captured immediately before it disappears.

If you have lost a family member in a crash on the fog-covered or rain-slicked roads of Northwest Houston, do not accept the insurance company’s claim that it was "just an accident." Contact The Law Office of Shaw Clifford today. We will investigate the true cause of the collision and fight to hold negligent drivers accountable for the tragedy they caused.

Contact Shaw Clifford